Subject: STWL 1.0, revision 4
From: Bernhard Fastenrath <bfastenrath@mac.com>
Date: Tue, 16 Nov 2004 13:14:55 +0100

Arnoud Engelfriet wrote:
> I really do not understand why you keep insisting on the phrase
> "claims derived from said patents". It's a very confusing term
> to me, and I'm a patent attorney. So I think many lawyers
> will become very confused as well.

>>   "5. If you  are owner of software patents  you agree to refrain
>>from any legal action based  on infringement of your claims derived
>>from  said  patents  against  users  of open  source  software  and 
> 
> Why not use the relevant parts of the MPL or AFL? Something like
> "legal action alleging infringement of said patents, including
> countersuits"? 

Okay, how is this? I turned "including" into "excluding" because I 
consider it acceptable if open source companies use software patents to 
defend against legal action concerning software patents as long as 
software patents are possible at all.

     "5. If you  are owner of software patents  you agree to refrain 
from any legal action alleging infringement of said patents, excluding
countersuits, against  users  of open  source  software  and concerning 
  open source  software  as defined  by  the Open  Source Initiative 
(OSI). Failing  to comply  voids this  license  for the validity period 
of said software patent."

> Arnoud

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